| People v Cook |
| 2007 NY Slip Op 50212(U) [14 Misc 3d 1229(A)] |
| Decided on February 8, 2007 |
| Justice Court Of Hunter, Greene County |
| Simon, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 22, 2007; it will not be published in the printed Official Reports. |
The People of the State of New York
against Jillian Cook, Defendant. |
The defendant is charged by simplified information with "facilitating aggravated unlicensed operation" under section 511A of the Vehicle and traffic law. It is clear from a reading of the statute prohibiting aggravated unlicensed operation that in order to commit that crime the driver must have been licensed and had their licensed "suspended" or "revoked".
Since the undisputed facts are that the driver of the vehicle never had a drivers license (the District attorney concedes that fact), the driver unquestionably did not have her license suspended or revoked and therefore the Defendant in this case who is alleged to have permitted or requested the driver to operate the vehicle cannot be charged with "facilitating aggravated unlicensed operation". Since there is no provision in New York law making it a violation to "facilitate unlicensed operation", perhaps the New York State legislature should consider making such a violation in future amendments to
the Vehicle and Traffic Law. The accusatory instrument is dismissed.
Dated: February 8, 2007__________________________________
HON: William M. Simon, Town Justice